Regulatory Developments

EPA Proposes To Add Nonylphenol Ethoxylates To Section 313 And Other Recent EPCRA Developments

December 15, 2016 PRINT

EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for which reporting is needed under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). 81 Fed. Reg. 80624. EPA is proposing to add this chemical category to the EPCRA Section 313 list because EPA believes NPEs meet the EPCRA Section 313(d)(2)(C) toxicity criteria. Specifically, EPA believes that longer chain NPEs can break down in the environment to short-chain NPEs and nonylphenol, both of which are toxic to aquatic organisms. Based on a review of the available production and use information, members of the NPEs category are expected to be manufactured, processed, or otherwise used in quantities that would exceed EPCRA Section 313 reporting thresholds. Comments must be received on or before January 17, 2017.

EPA Issues Final Rule Adding HBCD Category To Section 313 Reporting: On November 28, 2016, EPA issued a final rule adding a hexabromocyclododecane (HBCD) category to the list of toxic chemicals subject to reporting under EPCRA Section 313. 81 Fed. Reg. 85440. EPA added this chemical category to the EPCRA Section 313 list because it determined that HBCD meets the EPCRA Section 313(d)(2)(B) and (C) toxicity criteria. Specifically, EPA has determined that HBCD can reasonably be anticipated to cause developmental and reproductive effects in humans and is highly toxic to aquatic and terrestrial organisms. Based on the available bioaccumulation and persistence data, EPA has determined that HBCD should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and assigned a 100-pound reporting threshold. This final rule was effective November 30, 2016.

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